Mr. ESKILDSEN. Mr. Chairman, we don't have all of the wheat. Some of this wheat comes out of the Commodity Credit Corporation stocks.

The CHAIRMAN. I understand it does, but you just about control Commodity Credit, you know. You could not dodge that question. Mr. ESKILDSEN. That is quite right, sir.

The CHAIRMAN. Of course, you have the money invested in it. Practically, the Government owns and controls it. We have made this deal. The President said in announcing this, as I understand, that it would go in American vessels. Since then that has not held true, and I can understand it and I knew that American vessels could not take it all at that time if they sold that much wheat, but I am asking you if you are going to get the transportation, 50 percent, we will say, in American ships, notwitstanding all these other things you have been talking about.

Mr. ESKILDSEN. Subject to decisions that are made by the competent authority here, which is the Maritime Administration in the Department of Commerce with respect to waivers, we certainly are going to do the very best we can to carry out the President's directive. Obviously we would not withhold a sale of wheat out of Commodity Credit Corporation stock if in the wisdom of the Maritime Administration or the Department of Commerce in granting a waiver they had decided that it would be possible to move more or less than 50 percent of this as a commercial transaction.

The CHAIRMAN. I understand they set a rate that is fair and reasonable for American-flag vessels. If American-flag vessels will take it at that rate, even though it is higher than the foreign-flag vessel, are you going to require that the wheat go in an American-flag vessel? That is all I am here for. There is other business about this and I am sorry I did not hear your full statement and the discussion, but that is the part I am interested in.

Mr. EskuDSEN. I can only repeat, Mr. Chairman, that within the applicable regulations and applications of those regulations by Maritime we are going to do the very best we can in our shipping business, which is related to this, to make it possible to move the maximum amount of wheat in U.S.-tlag vessels. We are doing that now. The CHAIRMAN. Are there any further questions?

Thank you, gentlemen. Of course, from time to time we are going to have you back here to see what is going on with this transactionMr. ESKILDSEN. It would be a pleasure, Mr. Chairman.

The CHAIRMAN (continuing). If we find out anything that we think we should have you back here about, because we want to see that the President's statement is carried out, and I do not think that you would violate the President's statement.

Mr. Eskuses. Na sir.

The CHAIRMAN. I certainly do not think the Maritime Administration or the Department of Commerce would violate it, so I want to see if it is going to be carried out. I am not concerned about the cost of this proposition,

Mr. FsKIDSey. Yes sir

The CHAIRMAN. The committee will mons exhibct to the call of the Chair

Whereupon, at 1:03 pm, de

call of the Chair)

the

APPENDIX

HEARING HELD BY THE MARITIME ADMINISTRATION, DEPARTMENT OF COMMERCE, THURSDAY, FEBRUARY 6, 1964, ROBERT E. GILES, ACTING MARITIME ADMINISTRATOR, PRESIDING

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CONTINENTAL GRAIN CO. WAIVER REQUEST ON USE OF U.S. SHIPS FOR GRAIN SHIPMENTS TO RUSSIA

THURSDAY, FEBRUARY 6, 1964

MARITIME ADMINISTRATION,

Washington, D.C.

The meeting commenced at 11:30 a.m., in room 4519, General Accounting Office, Mr. Robert E. Giles, Acting Administrator, Federal Maritime Administration, presiding.

Mr. GILES. Good morning, gentlemen and lady; as you all know, we announced yesterday that we would have this meeting this morning to consider the waiver application submitted by Continental Grain Co. in connection with shipment of a total of 1 million tons of wheat to the Soviet Union.

Now, this is a formal business session. We are going to be considering business. This is not just an open meeting where people will come to comment on matters generally but this is an open meeting so that all of those who are interested-and there are many who are interested in the subject-will have an opportunity to focus on the specifics that we have got involved in and see and know what we are doing and why. I would like to have a few general comments for the record simply to lay the background on why we are here today.

Last January 7 we published our final notice of waiver procedure which would be followed in the event any exporter was not able or said he was not able to get the full American tonnage in compliance with the 50-percent requirement that you all know about. That was published on January 7 as our final notice of procedure and here is a copy for the record:

NOTICE TO EXPORTERS AND AMERICAN SHIPOWNERS ON SHIPMENT OF Wheat and WHEAT FLOUR TO SOVIET BLOC COUNTRIES

Current Export Bulletin No. 883 issued by the Office of Export Control, Department of Commerce, on November 13, 1963, requires that at least 50 percent of the wheat and wheat flour to subgroup A countries will be exported on U.S.-flag -carriers and that if such carriers are not available at reasonable rates, the exporters must obtain prior authorization from the Maritime Administration to ship less than 50 percent on U.S.-flag carriers.

Any application by an exporter to the Maritime Administration for waiver of the foregoing requirement must be accompanied by a certification that solicitation of all owners and/or operators in all segments of the American steamship trade for necessary shipping space has been made including posting at the New York Maritime Exchange, 80 Broad Street, New York, N.Y., for the required U.S.-flag shipping. Application may be made at any time subsequent to the date of prompt solicitation after a sales contract has been signed and after allowing 5 days for response thereto. The results of such solicitation must be clearly and fully itemized including the dates of all tenders, shipping dates, rates, terms and conditions, loading and discharge ports, cargo tonnage offered, and full response to .such tenders. Exporters are advised that waivers will not be considered unless

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U.S.-flag ships have been given a reasonable period to meet the shipping schedules, and in any event the shipping schedules (laydays) for U.S.-flag ships shall extend over the same period applicable for other shipping but should be not less than 30 calendar days after the date of solicitation unless compelling circumstances require a shorter period.

Upon receipt of an application for a waiver of the U.S.-flag shipping requirement, the Maritime Administration will promptly issue a public notice including posting of a notice at the New York Maritime Exchange, 80 Broad Street, New York, N.Y., giving full details of the waiver application, stating that a request for waiver has been received and unless evidence within 5 days from date of such notice is received showing that U.S.-flag shipping is offered, capable of meeting the reasonable shipping schedules of the exporters at applicable guideline rates for wheat in bulk published by the Maritime Administration, Department of Commerce, in the Federal Register issue of November 16, 1963, and any other supplemental guideline rates published for other port areas applicable to ships of 15,600 to 30,000 total deadweight tons will govern. If wheat flour in bags is to be shipped under Current Export Bulletin No. 883, supplemental guideline rates will be published.

As background to that procedure and to this final notice of procedure published January 7, we circulated in December to shipping association representatives, to grain exporters, and to interested citizens a proposed draft of waiver procedure. That was sent out around December 11 and we solicited comments and suggestions at that time. Simply representative of what we received, I would like to make note of these letters and put these letters in the record.

This letter is from Mr. Ralph B. Dewey and is dated December 17, 1963. Mr. Dewey represents the Pacific American Steamship Association. The letter is addressed to me.

First it expresses thanks for sending the draft notice and then it has these two paragraphs and I will put the entire letter in the record. (The letter referred to follows:)

DEAR MR. ADMINISTRATOR: Many thanks for sending me the draft of "Notice to Exporters and American Shipowners on Shipment of Wheat and Wheat Flour to Soviet-bloc Countries" which you plan to publish soon in the Federal Register.

I have not canvassed every member of my organization but, on my own responsibility, will indicate to you that the notification plan therein by which American operators are given 30 days advance notice of bloc country shipments seems quite satisfactory. Your Department's extreme caution in insuring maximum participation by U.S.-flag vessels is greatly appreciated.

This has been a difficult matter for your Department and we commend you and your staff for finding a fair and equitable solution.

We, of course, appreciated those comments from Mr. Dewey. This letter is dated December 19, 1963, and is from Ralph E. Casey, president of American Merchant Marine Institute and reads as follows:

DEAR MR. GILES: Thank you for sending me a copy of your proposed “Notice to Exporters and American Shipowners on Shipment of Wheat and Wheat Flour to Soviet-bloc Countries," which I note has been sent to all American steamship owners or managing agents, the Association of Ship Brokers & Agents, Inc., and is being made available to grain exporters.

The revised procedure for the granting of waivers appears to be generally satisfactory and should assure proper participation by U.S.-flag vessels.

This letter dated December 16, 1963, is from Mr. J. Smith, chairman of the American Tramp Shipowners Association and is addressed to Mr. Martin L. Goodman. The letter reads as follows:

GENTLEMEN: This will acknowledge receipt of your letter of December 11, 1963, enclosing a proposed draft of “Notice to Exporters and American Ship owners on Shipment of Wheat and Wheat Flour to Soviet-bloe Countries.”